Sometimes the law is confusing. Find out the orders that can be appealed, what they mean and when they can be appealed in Florida divorce or custody case.
What types of “non-final orders” can be appealed immediately in Florida?
The Florida Constitution grants District Courts of Appeal jurisdiction to hear appeals from non-final orders of divorce court judges concerning the following issues:
- Orders concerning venue;
- Orders that grant, continue, modify deny or dissolve injunctions, or refuse to modify or dissolve injunctions;
- Orders that determine jurisdiction of the person;
- Orders that determine the right to immediate possession of property;
- Orders that determine the right to immediate monetary relief in child custody or family law matters;
- Orders that determine entitlement to arbitration; or
- And several other types of orders that do not usually arise in the context of divorce or child custody cases.
The types of orders listed above are commonly referred to as “appealable non-final orders”. If the order that you want to appeal does not fall into one of the categories above, you might still be able to appeal the order if you can invoke certiorari jurisdiction, or if the issue qualifies for the extraordinary remedy of mandamus or prohibition. Certiorari, mandamus and prohibition remedies are explained generally here and are separately explained in detail in the following sections: Writs of Certiorari; Writs of Mandamus; and Writs of Prohibition.
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